Fenwick Elliott LLP

fenwickelliott.com

Simon J A Tolson

Solicitor, Chartered Arbitrator, Registered Adjudicator, CEDR trained Mediator. Past Chairman of the Technology and Construction Solicitors’ Association. Simon is a solicitor with an Honours degree in Law (University of Hertfordshire), completing his studies at the College of Law Guildford. Before qualifying, Simon spent some time working on construction sites in the industry. Simon has specialised in construction and engineering law and the disputes generated by the industry all his professional career. He is also a chartered arbitrator and an adjudicator. Simon specialises in all major forms of dispute resolution in construction and engineering disputes including litigation, arbitration, adjudication and mediation. Simon is experienced in all main industry contracts, such as JCT, NEC, IChemE, ICE, IEE, FIDIC, FCEC and GC/Works, as well as numerous bespoke forms based on derivatives of these.

Tony specialises exclusively in construction, engineering and energy law and related matters and advises in relation to dispute avoidance (including strategic contract advice during the course of a project), dispute resolution and procurement for a broad range of both domestic and international clients. Recent procurement advice has concerned a high-profile Olympic venue, a Premier League football club stadium, Crossrail, HS2 and various offshore windfarms. In relation to dispute avoidance and dispute resolution, Tony deals with all aspects of complex multi-million pound claims handling and management and gives advice as to claims resolution strategies including where necessary, negotiation, mediation, expert determination, adjudication, arbitration and High Court proceedings. Recent disputes have concerned multi-million pound issues relating to a major international airport, a high-profile oil pipeline, several high-profile millennium and lottery funded projects, HS1, various stadiums, a major port development, a number of offshore windfarms and a number of significant PFI disputes. Tony regularly advises on PFI disputes and advises on large scale civil and process engineering projects including rail, road, water, waste to energy onshore and offshore wind farms, bridges and tunnelling. Tony is a trained adjudicator, is on several industry panels and regularly advises on all aspects of adjudication. He is also a Centre for Dispute Resolution trained mediator and has used mediation to resolve many disputes, including multi-party, multi-million pound cases.

Jon left school at 16 to work as an apprentice. He later re-entered full-time education, qualifying as a solicitor in 1989, and has worked exclusively in the area of construction and engineering law since then. He subsequently obtained an MSc in Construction Law and Arbitration. Jon lobbied the House of Lords on behalf of the construction industry during the passing of the Housing Grants, Construction and Regeneration Act 1996 and prepared the first draft adjudication rules for two adjudicating nominating bodies. He is also a practising adjudicator and mediator. Jon is familiar with the JCT, NEC3, GC/Works 1, IMechE, IChemE, ICE and other Standard Forms of Contract (Jon drafted the RICS/ISURV Guide to the NEC3 Form of Contract). He has also advised on and drafted bespoke domestic and international contracts.

A partner at Fenwick Elliott, Toby has over 25 years’ experience in construction, energy and civil engineering disputes. He qualified as a barrister in 1994. His expertise is wide ranging and he is recognised as a leader in the field of international arbitration where he has significant experience of leading large teams of lawyers and experts in very substantial and complex arbitral proceedings. He has represented UK and international clients in many jurisdictions including Saudi Arabia, Kuwait, Qatar, UAE, China, Turkey, Brazil, and USA in addition to various European countries. Where the applicable law of the Arbitration or the Contract has not been UK law, Toby has had great success in co-counselling with other law firms in separate jurisdictions. Toby also has extensive experience of domestic TCC litigation, adjudication and mediation where he specialises in construction disputes of all shapes and sizes. Recently he has developed a particular focus on cladding issues and the implications of the Grenfell tragedy. His approach is very commercial: focusing upon the elements of a legal problem which have the most significant financial or other commercial importance to his client. He focuses upon finding innovative and cost-effective solutions to the resolution of disputes by the early identification and focus upon the central issues and determining the most effective way to resolve them. Sometimes that involves a conciliatory and collaborative approach to avoid escalating the problem further. On other occasions a more aggressive approach is necessary. His experience encompasses all forms of dispute resolution including adjudication, arbitration, dispute boards, litigation and mediation. Some of the more innovative processes he has been involved with recently include binding expert determination and early neutral evaluation. Issues Toby commonly deals with include critical path delay analysis, disruption, prolongation and preliminaries thickening claims, compensation events, head office overheads, repudiation, termination, professional negligence, jurisdiction and enforcement. Toby carries out regular tender appraisals and reviews and negotiates amendments to all the principle standard form contracts, appointments, warranties and bonds. Toby has experience of all principal contracts including JCT, ICE, NEC/ECC, I ChemE, I MechE, GC/Works and FIDIC and a variety of bespoke forms of domestic and international contracts. He has developed a particular expertise in the NEC forms. Toby also advises on dispute resolution procedures for major non-contentious projects, and prepares specific amendments for the various standard forms to suit individual clients’ requirements.

Andrew has 20 years’ experience in dispute avoidance and dispute resolution in the construction, engineering and energy sectors. Andrew works with clients to avoid disputes and seek commercial resolutions wherever possible. When disputes do arise, he has considerable experience of resolving disputes by negotiation, adjudication, expert determination, mediation, arbitration and litigation. Andrew was first recommended in The Legal 500 UK in 2013. His Legal 500 UK recommendation for 2020 describes Andrew as a “very capable construction lawyer” on “complex and challenging matters”. Andrew’s practice focuses on domestic disputes throughout the construction supply chain. Andrew mainly acts for contractors but has also acted for employers, subcontractors and construction professionals in a variety of domestic and international disputes. Andrew’s experience includes advising on complex issues of contractual interpretation, termination and repudiation, defects and quality, delay, loss and expense, and payment. Andrew has experience with the NEC, JCT, GC/Works and IChemE standard form contracts and subcontracts as well as with bespoke domestic and international construction and engineering contracts and subcontracts.

Claire specialises in the resolution of both domestic and international construction and engineering disputes that may arise during the life-cycle of a project including those relating to delays, variations, defects, interim payment notices and final account disputes. She has experience of all major forms of dispute resolution including litigation, adjudication, arbitration, and mediation and regularly advises clients on the best strategies to adopt in order to resolve their disputes in accordance with their commercial objectives. Claire is recommended in Legal 500 for international arbitration. She regularly advises in relation to the key standard form construction contracts including the NEC, JCT, FIDIC and IChemE forms and has worked across a wide range of sectors within the industry including in relation to a nuclear implicated facility.

David specialises in domestic and international construction and engineering projects. He has advised on a broad range of projects including high-value residential development/refurbishment, offices, universities, laboratories, football stadia, data centres, hotels, art galleries and hospitals. In addition to advising on traditional construction projects, he also has experience of major civil and rail engineering projects which have included the West Coast Route modernisation programme and the Channel Tunnel Rail Link. David’s dispute resolution experience ranges from multimillion-pound engineering, target cost and PFI disputes to more traditional disputes involving defects, delay, termination and insolvency.

Victoria Russell

Victoria is a consultant with over 30 years’ experience; Victoria specialises in construction and engineering law. Victoria’s contentious work focuses on litigation, arbitration and adjudication claims for a wide range of clients including developers, universities, schools, main contractors, local authorities and trade associations. She is a Technology and Construction Solicitors’ Association-registered adjudicator and also a member of the adjudicator panels of the Chartered Institute of Building and the Construction Confederation. She is a Centre for Effective Dispute Resolution (CEDR)-accredited mediator with extensive experience in alternative dispute resolution. She has dealt with issues on projects ranging from offices and motorways to hospitals, laboratories, housing developments, airports, factories, waste to energy plants and power stations in the UK and overseas. Several of her cases in the High Court and in the Court of Appeal have been reported. Victoria is experienced in all principle building and engineering contracts, including JCT, ICE, NEC, GC/Works and FIDIC. She also drafts and negotiates professional appointments and bespoke forms of domestic and international construction contract, including facilities management and service agreements, and advises on the disclosure and management of information under the Freedom of Information Act 2000. Victoria lectures at conferences in the UK and overseas and has contributed to LNTV and Einstein training videos.

Richard Smellie

Richard is widely experienced in the resolution of disputes in the construction, energy and infrastructure sectors, both internationally and in the United Kingdom, having successfully led the resolution of numerous substantial disputes. Richard has considerable experience of a range of standard and bespoke project documentation, including both standard and bespoke forms used regularly in construction, energy and infrastructure projects. Richard’s experience ranges from projects procured using complex turnkey/design and build project documentation with layered EPC arrangements and contracts for the operation and maintenance of facilities, to complex PFI arrangements, innovative alliance agreements (and subsidiary documentation), and standard form contracts including the FIDIC, NEC, ICE and JCT forms. Richard is also experienced in oil and gas operations agreements, “take or pay” hydrocarbon sale and purchase agreements, and government/developer project agreements (including intergovernmental agreements, “host government” agreements and related project documentation).

Thomas specialises in the resolution of complex construction, engineering and energy disputes through arbitration, the courts, adjudication and all forms of alternative dispute resolution, with an emphasis on resolving matters before costs escalate. Thomas’ practice spans both the domestic and international markets, including the UK, Europe, the Middle East, Africa, the Caspian, Russia and Asia. Thomas has significant experience in resolving disputes across all the main construction and energy sectors, including major infrastructure, oil and gas, power, water treatment, tunnel, pipeline, rail, road, dam and offshore wind projects. Thomas advises on all the major standard forms of contract, including FIDIC, JCT, NEC and ICE forms, and on a wide range of bespoke contracts. The Legal 500 UK 2022 lists Thomas as a recommended lawyer for his construction and international arbitration expertise. In previous publications Legal 500 describes Thomas as “steely, with a powerful intellect, and tenacious” and “indefatigable, always on top of the detail, and a shrewd thinker” and notes that clients praise him as “relentlessly hardworking and clear-thinking” with “ability to present a case efficiently” in international arbitration.

Jatinder Garcha

Jatinder has nearly 20 years’ experience in non-contentious domestic and international construction and projects work. He acts for the full spectrum of clients involved in the development process including financial institutions, pension and property funds, government departments, investors, developers, contractors, consultants and tenants, advising from inception and procurement strategies to project completion. Jatinder has been noted as “extremely astute” in The Legal 500 UK guide regarding the development of a waste-to-energy facility in Essex. Jatinder has broad experience of dealing with and negotiating many standard forms of contract including the FIDIC, LOGIC, JCT, NEC, ICE, IChemE, RIBA and ACE suite of documents. He also has considerable experience of drafting and negotiating bespoke construction and commercial contracts, including EPC contracts, bonds, guarantees, memorandums of understating, heads of terms, consortium agreements, joint venture agreements, framework agreements and facility management contracts.

Karen specialises in dispute resolution and avoidance for a wide range of domestic and international clients, advising on managing risk effectively in the course of complex construction and engineering projects. Karen regularly advises and represents clients in litigation, international arbitration, mediation and adjudication. Karen’s experience covers a broad spectrum including contract formation and interpretation, amendments to existing contracts, claims for additional cost, loss and expense and extensions of time, liquidated damages liability, defects liability, termination and repudiation, and the nature of and rights arising out of bonds and guarantees. Karen is well versed in the principal standard forms of construction and engineering contract, including JCT, NEC, IChemE and FIDIC. Karen has also advised on disputes arising from PFI contracts for schools, custody facilities, healthcare and roads, and has dealt with a variety of bespoke construction, engineering and energy contracts. The Legal 500 UK lists Karen as a key lawyer at Fenwick Elliott, noting in particular her work in the offshore wind sector. Karen has been previously been described in the Legal 500 as “an exceptional and dedicated lawyer” with “a wealth of experience within the offshore energy industry”.

Nicholas is an international specialist arbitration, construction and engineering lawyer. Nicholas conducts a mix of international dispute resolution and projects work. Nicholas acts for contractors, employers and governments in a wide range of technically complex construction sectors internationally including: energy, infrastructure, rail and metro, communications, industrial, waste, water, desalination, process plant, oil and gas, and petrochemical, as well as defects, collapse and fire safety. Advising on numerous power projects around the world, he has advised in relation to Europe’s largest gas combined-cycle power plant, as well as on nuclear (new and old), oil, coal, hydro, offshore wind farm, biomass, solar and innovative ocean current projects and data centres. Nicholas’ dispute resolution experience spans litigation, arbitration, adjudication, DAB/DRB/DAAB, mediation, early neutral evaluation and expert determination. His FIDIC experience is wide ranging including acting as a special adviser to FIDIC in respect of its 2017 edition contracts and in 2021 he was the FIDIC Adjudicator of the Year. Nicholas’ contract experience includes NEC, IChemE, JCT, MF/1, LOGIC, bespoke EPC/EPCM and PFI/PPP contracts. Nicholas is frequently selected to work on high value complex projects, including advising BAA in respect of T5 (£4.2 billion), the Louvre in Abu Dhabi, Expo 2020 in Dubai, CERN’s nuclear research facility, and the world’s most leaning building at Capital Gate, Abu Dhabi. In the Legal 500 he is listed in the Hall of Fame for International Arbitration and has been described by clients as “eloquent” and having “excellent advocacy skills”. The directory has also recognised him for being “extremely good – he is very convincing during hearings at drilling down the issues to the core”. Nicholas is Visiting Professor at King’s College London and a vice president of the ICC’s Arbitration Commission (past chairman, Standing Sub-Committee ICC’s International Centre for Expertise 2007–14). He is past president of the DRBF and past chairman of the Society of Construction Law. He has been published widely in the field of construction law and dispute resolution.

Ted joined Fenwick Elliott in 1991 as a paralegal. He qualified as a solicitor in 1997 and was made a partner in 2002. Since 1991 Ted has been involved in a wide range of projects across the construction and energy sector including housing, roads, hospitals, power stations, offshore structures, gas and oil pipelines, chemical process plants and leisure facilities. He has provided advice to an equally diverse range of clients including contractors, fund managers, developers, local authorities, state corporations, architects and engineers. Ted’s experience encompasses both contentious and non-contentious work in connection with most of the standard forms of contract including the JCT, ICE, IChemE, CPA, SoPC and FIDIC forms. He has also worked on many other bespoke forms of contract and has prepared single and multiple draft agreements for clients to use on an ad hoc basis and as part of a suite of standard forms.

Jeremy has specialised in construction energy and engineering law and related matters for most of his career. He advises on all aspects of projects both at home and abroad, from initial procurement and strategic project advice to dispute avoidance and resolution. He acts across a wide range of construction sectors in the UK and internationally, including general construction, transport, communications, process plant, oil, gas, nuclear and renewables. Jeremy also has extensive experience of all principal main contracts including JCT, ICE, FIDIC, NEC, GC/Works, I CHEM E, subcontracts including DOM/1 and DOM/2, and numerous bespoke forms used in international and domestic construction, energy and infrastructure projects.

Lyndon is a Partner specialising in the resolution of construction, engineering and energy disputes through the courts, arbitration (both domestic and international) and adjudication proceedings. He is also experienced in resolving disputes using alternative dispute resolution procedures, in particular mediation. He has acted for clients from all sides of the construction, engineering and energy industries, including developers, major contractors, specialist subcontractors and professionals, on projects in the UK and abroad. His experience covers a variety of issues including the interpretation of contracts, delay and disruption, loss and expense claims, defective works, professional negligence claims, termination and disputes relating to final account valuations. Lyndon is a recommended lawyer in the field of international arbitration where he has significant experience of leading large teams of lawyers and experts in very substantial and complex arbitration proceedings.

James has experience in a broad range of dispute resolution procedures and industries, including aviation, infrastructure, oil & gas, electrical power distribution and telecommunications. James has acted for a range of different contractors, with particular focus on those operating in Africa and the Middle East. James has particular experience in ICC arbitrations involving complex claims on major infrastructure projects, often applying foreign substantive law. James has experience dealing with and managing both foreign law experts and technical engineering experts across a range of disciplines. James trained in Australia, qualifying in 2009. Whilst in Australia, James worked as a disputes lawyer for one of the largest firms in the country and held the position of Senior Associate to the Honourable Justice T Forrest of the Supreme Court of Victoria.

Edward specialises in the resolution of disputes arising from construction and infrastructure projects around the world in areas such as offshore wind, renewables, the power sector, offshore oil and gas, aviation and port developments. Edward has experience of all major forms of dispute resolution, including TCC Court proceedings, arbitration under the major institutional rules in Europe and Asia (including the LCIA, ICC, SIAC, HKIAC and UNCITRAL rules), adjudication, DAB proceedings, mediation and proceedings in the DIFC courts. Edward has particular experience of advising on projects based in Europe, the Middle East and Asia, having worked in Singapore from 2013 – 2015. In 2020, Edward was recognised as a ‘Future Star’ for Complex Disputes by Financier Worldwide.

Stacy leads Fenwick Elliott’s technology and innovation initiatives, overseeing the development and implementation of new legal technologies, as well as collaborating and engaging with clients on new digital technologies in the construction and legal industries. She is responsible for Fenwick Elliott’s IT and infrastructure, internal tech operations, platforms and legal workflows and external client initiatives and products. In addition to technology and innovation, Stacy has a broad range of experience in construction and engineering matters and has advised clients on both contentious and non-contentious issues, including non-payment, non-performance, variations to contracts, defects and specific construction legislation. Stacy has a particular interest in the digital transformation of the construction industry, including digital twins, robotics, off-site manufacturing, the Internet of Things, BIM and AI/machine learning. Before qualifying as a solicitor, Stacy practised as an Architect, principally designing large-scale projects such as stadiums, hospitals and education buildings in both the UK and the US. This dual-qualification and experience in the construction industry prior to practising law provides a unique expertise and platform for advising on technical issues and the digital transformation of both the construction and legal industries.

Patrick has significant experience of construction and engineering disputes on major international projects, with a particular focus on the Middle East where he has spent a large part of his career. Patrick specialises in International Arbitration and has worked on disputes relating to projects in a number of jurisdictions including the UK, the UAE, Qatar, Oman, Iraq, Egypt, South Africa and Madagascar and has acted on arbitrations being heard pursuant to ICC, LCIA, DIAC and ADCCAC rules. Patrick is familiar with a number of standard form construction contracts including FIDIC and NEC, and has acted on disputes arising out of bespoke forms of contract, particularly EPC contracts. The Legal 500 EMEA 2021 list Patrick as a recommended lawyer for construction. They describe him as having “a clarity of view which brings comfort to his clients. He is adept at quickly scrutinizing complex issues and understands possible solutions. He displays empathy for his client and is adept at getting to the route of an argument offering sound judgements and proposing optional solutions and strategies.” They also note that he has “substantial experience in construction and engineering disputes. His strategic input on international arbitration matters is invaluable.”

Martin has extensive experience in acting for main contractors, subcontractors, employers and consultants in the construction and energy sectors. He advises on all aspects of dispute avoidance and resolution. Typical issues dealt with include: interpretation of contracts, certification and payment, variations, defects, prolongation, loss and/or expense, disruption, termination and disputes relating to final account valuations. Prior to qualifying as a solicitor in 2006, Martin practiced as a chartered quantity surveyor for 6 years with a particular emphasis on the preparation and defence of construction claims and acting for parties in adjudications.

Lucinda Robinson

Lucinda has a broad range of experience of the various issues that can arise throughout the life-cycle of construction and engineering contracts, including contract formation, delay, defects, variations and termination, and the methods that can be employed to avoid or resolve them (the latter whether through ADR including mediation, or more adversarial proceedings such as litigation, adjudication or expert determination). Lucinda is very familiar with typical standard form contracts, particularly from the JCT, NEC, FIDIC and ICHemE suites and has an MSc in Construction Law & Practice. Having worked as in-house construction and litigation counsel for a manufacturing and engineering business, Lucinda is particularly alive to the commercial context within which her clients operate.